First right of refusal template 2025

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A first refusal right must have at least three parties: the owner, the third party or buyer, and the option holder. In general, the owner must make the same offer to the option holder before making the offer to the buyer. The right of first refusal is similar in concept to a call option.
What triggers a right of first refusal? Generally, a ROFR is triggered when the property owner receives a bona fide offer from a third party or decides to sell the property.
The agreement is triggered when the owner receives a third-party offer to buy the property. For the agreement to be recordable, it must be signed by the owner and acknowledged before a notary or two or more credible witnesses (Section 12.001, Texas Property Code).
To secure a right of first refusal, it is essential to identify the asset, discuss and outline terms with the owner, work with a real estate attorney to create a formal document and maintain open communication about intentions to exercise the ROFR.
A right of first refusal clause could apply to family members of the property owner. If an owner decides to sell a property, the ROFR stipulates that named relatives, like children or siblings, may have the first opportunity to buy the property and make an offer.
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Common Problems with Right of First Refusal Clauses Delayed Transactions: The ROFR process can stall a sale or investment. A seller must wait for the holder to decide before proceeding with other offers, which may result in missed opportunities or reduced interest from buyers.

free first right of refusal template